If a person operates a motor vehicle while intoxicated and negligently causes an accident that results in the death of another person, the operator may be charged with the criminal offense of intoxication manslaughter.
Some states have a broader definition of the criminal offense of intoxication manslaughter and may charge an intoxicated person who negligently causes the death of another person while operating a motor vehicle, an aircraft, a watercraft, or an amusement ride with the crime of intoxication manslaughter. Intoxication manslaughter is a felony offense and may be punished by significant jail or prison time.
Laws vary from state to state, and some states have criminal offenses such as vehicular manslaughter or vehicular homicide, as provided by the state’s statutes, and may charge an intoxicated person who negligently causes the death of another motorist with such a crime.
Intoxication manslaughter laws are generally located in a state's statutes—often in the penal or criminal code.
In Illinois, if a person operates a motor vehicle while under the influence of alcohol or drugs and this results in an accident that causes the death of another person, the operator can be charged with the criminal offense of aggravated DUI (driving under the influence). Illinois does not use the term 'intoxication manslaughter,' but the concept is similar under the state's aggravated DUI laws. According to 625 ILCS 5/11-501(d)(1)(F), a person who is found to be driving under the influence and is involved in a motor vehicle accident that results in the death of another person can be charged with a Class 2 felony for the death of one person, and a Class 1 felony for the deaths of two or more persons. These charges carry significant penalties, including potential imprisonment. It's important to note that the specific charges and penalties can vary depending on the circumstances of the case and the individual's prior driving record and criminal history.